Document Content

DECREE

Prescribing the conditions for doing business in camouflaged sound recording, video recording and positioning devices and software

___________________

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the December 3, 2004 Law on National Security;

Pursuant to the November 27, 2014 Law on Public Security;

Pursuant to the November 26, 2014 Investment Law;

Pursuant to the November 22, 2016 Law Amending and Supplementing Article 6 of, and Appendix 4 on the list of conditional investment and business lines and sectors to, the Investment Law;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree prescribing the conditions for doing business in camouflaged sound recording, video recording and positioning devices and software.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. Conditions for doing business in camouflaged sound recording, video recording and positioning devices and software are security and order conditions for this business.

2. This Decree prescribes the security and order conditions, state management and responsibilities of organizations and individuals engaged in, and enforcement measures for, doing business in camouflaged sound recording, video recording and positioning devices and software.

Article 2. Subjects of application

This Decree applies to Vietnamese and foreign agencies, organizations and individuals involved in investment and business and establishment of enterprises, licensing, registration and management of business in camouflaged sound recording, video recording and positioning devices and software.

Article 3. Interpretation of terms

In this Decree, the terms and expressions below are construed as follows:

1. Business in camouflaged sound recording, video recording and positioning devices and software covers manufacturing, assembling, transporting, storing, trading in, exporting, importing, leasing and repairing camouflaged sound recording, video recording and positioning devices and software.

2. Camouflaged sound recording or video recording device is a sound-recording or video-recording device made in the form of an ordinary device or appliance.

3. Camouflaged positioning device is a device with the function of positioning or targeting objects, which is made in the form of an ordinary device or appliance.

4. Camouflaged sound recording, video recording or positioning software is a software created as a system software, application, utility or tool or programmed or added with command codes for secretly filming, taking photos, sound-recording or positioning target objects.

5. The person in charge of security and order of a business establishment is:

a/ The at-law representative, manager or owner of the business establishment who is named in the documents specified at Point b, Clause 1, Article 9 of this Decree;

b/ A person authorized by the person specified at Point a of this Clause to be named in the certificate of satisfaction of security and order conditions for business in camouflaged sound recording, video recording and positioning devices and software (below referred to as certificate of satisfaction of security and order conditions).

Article 4. Principles of operation and management

1. Compliance with the Investment Law, this Decree and other relevant regulations; assurance of interests of the State, lawful rights and interests of organizations and individuals.

2. Publicity and transparency in the management; creation of favorable conditions and assurance of a stable security and order environment for effective business of organizations and individuals.

Article 5. Prohibited acts

1. Conducting business without a certificate of satisfaction of security and order conditions or after having the certificate revoked.

2. Taking advantage of business operations to perform acts harmful to security and order.

3. Lending, leasing or trading in a certificate of satisfaction of security and order conditions.

4. Counterfeiting a certificate of satisfaction of security and order conditions; forging dossiers and documents of application for a certificate of satisfaction of security and order conditions; tampering with or erasing contents of a certificate of satisfaction of security and order conditions;

5. Impeding or failing to submit to examination, inspection or handling of violations by public security offices, army units or competent state management agencies;

6. Illegally manufacturing, assembling, transporting, storing, trading in, exporting, importing, leasing or repairing camouflaged sound recording, video recording and positioning devices and software.

7. Abusing one’s position or powers to harass applicants, refuse to grant or grant certificates of satisfaction of security and order conditions in contravention of this Decree; obstructing, causing troubles to or infringing upon the right to freedom of enterprise of organizations and individuals; covering up violations of affiliated persons of business establishments.

Chapter II

SECURITY AND ORDER CONDITIONS AND PROCEDURES FOR GRANT, RENEWAL, RE-GRANT AND REVOCATION OF CERTIFICATES OF SATISFACTION OF SECURITY AND ORDER CONDITIONS

Article 6. Security and order conditions

1. Satisfaction of the conditions prescribed in Article 7 of the Government’s Decree No. 96/2016/ND-CP of July 1, 2016, prescribing the security and order conditions on a number of conditional investment and business lines and sectors.

2. Only the following business establishment can do business in camouflaged sound recording, video recording and positioning devices and software:

a/ Business establishments of the Ministry of Public Security that are granted certificates of satisfaction of security and order conditions by a competent agency of the Ministry of Public Security;

b/ Business establishments of the Ministry of National Defense that are granted certificate of satisfaction of security and order conditions by a competent agency of the Ministry of National Defense;

c/ Business establishments other than those specified above that are granted certificate of satisfaction of security and order conditions by a competent agency of the Ministry of Public Security.

Article 7. Certificate of satisfaction of security and order conditions

1. Certificate of satisfaction of security and order conditions is a written certification granted by a competent agency of the Ministry of Public Security or Ministry of National Defense to a business establishment specified in Clause 2, Article 6 of this Decree.

The Minister of Public Security shall designate a competent agency in the People’s Public Security force to grant certificates of satisfaction of security and order conditions. The Minister of National Defense shall designate a competent agency in the People’s Army to grant certificates of satisfaction of security and order conditions.

2. Certificates of satisfaction of security and order conditions shall be made according to Form No. 01 in the Appendix to this Decree.

3. A certificate of satisfaction of security and order conditions does not state its validity duration, except cases in which its validity duration must be specified:

a/ It is granted to a business establishment operating for a definite time in accordance with law;

b/ Its validity duration must not exceed that of licenses or permits granted by specialized state management agencies to a business establishment operating for a definite time.

4. The person in charge of security and order of a business establishment shall strictly manage its certificate of satisfaction of security and order conditions and produce it to a public security office, an army unit or a competent state management agency upon request.

5. The person in charge of security and order of a business establishment shall preserve its certificate of satisfaction of security and order conditions when the establishment suspends its operation. In case the business establishment falls bankrupt or has its operation suspended, its certificate of satisfaction of security and order conditions is no longer valid. Within 5 days from the date of bankruptcy declaration or operation cessation, a business establishment shall return its certificate of satisfaction of security and order conditions to the competent agency of the Ministry of Public Security or Ministry of National Defense that has granted such certificate.

Article 8. Revocation of certificates of satisfaction of security and order conditions

A business establishment may have its certificate of satisfaction of security and order conditions revoked in the following cases:

1. Indefinite-time revocation shall be imposed in the following cases:

a/ The business establishment has used forged documents or provided untruthful information in documents used to apply for the certificate in order to falsify the nature of such documents;

b/ After granting the certificate of satisfaction of security and order conditions, the competent agency of the Ministry of Public Security or Ministry of National Defense detects through an inspection that the business establishment does not satisfy the conditions prescribed in this Decree and it fails to satisfy such conditions within 40 days after the competent agency of the Ministry of Public Security or Ministry of National Defense makes a written conclusion on its violation;

c/ The business establishment fails to commence its operation within 6 months after it is granted the certificate;

d/ The business establishment is dissolved or falls bankrupt in accordance with law;

dd/ The business establishment has its operation stopped or has the document specified at Point b, Clause 1, Article 9 of this Decree revoked by a competent agency;

e/ The business establishment lends, leases or trades in the certificate;

g/ The business establishment takes advantage of its operation to do harms to security and order and is requested by a competent agency to have its certificate revoked for an indefinite time.

2. Revocation for a definite time of between 3 and 6 months shall be imposed in the following cases:

a/ The business establishment conducts its business operation not in the business line or location stated the certificate;

b/ The business establishment has failed to maintain its security and order conditions prescribed in Article 6 of this Decree and still fails to satisfy such conditions within 30 days after being administratively sanctioned for such failure;

c/ The business establishment tampers with or erases the certificate to falsify its contents;

d/ The business establishment violates security and order regulations and is administratively sanctioned for its violation twice or more in a year;

dd/ The business establishment fails to report on a quarterly basis to the competent agency of the Ministry of Public Security or Ministry of National Defense that has granted the certificate as prescribed for 4 consecutive quarters.

3. The revocation of a certificate of satisfaction of security and order conditions under Clauses 1 and 2 of this Article shall be carried out by the competent agency of the Ministry of Public Security or Ministry of National Defense that has granted such certificate under a revocation decision.

After revoking a certificate of satisfaction of security and order conditions, the competent agency of the Ministry of Public Security or Ministry of National Defense shall notify in writing such to the business registration office or the agency competent to license the operation of the business establishment.

Article 9. Procedures for grant of certificates of satisfaction of security and order conditions

1. A business establishment applying for a certificate of satisfaction of security and order conditions shall submit directly or send by post a dossier of application to the competent agency specified in Clause 1, Article 7 of this Decree. Such a dossier must comprise:

a/ An application, made according to Form No. 02 in the Appendix to this Decree;

b/ A copy of the enterprise registration certificate or investment registration certificate or establishment decision of the applicant;

c/ Documents explaining the system of camouflaged sound recording, video recording and positioning devices and software;

d/ A business plan, covering the scope of supply of products, subjects to be supplied with products, quality standards of products; and a technical plan;

dd/ Criminal records of the at-law representative, manager and technicians.

2. Within 20 days after receiving a complete and valid dossier, the competent agency shall examine and appraise the dossier and grant a certificate of satisfaction of security and order conditions. In case of refusal to grant a certificate, the competent agency shall notify such in writing to the applicant, clearly stating the reason. In case more time is needed to examine and appraise the dossier, the above time limit may be prolonged for another 20 days and such prolongation shall be notified in writing to the applicant.

Article 10. Procedures for renewal or re-grant of certificate of satisfaction of security and order conditions

1. A certificate of satisfaction of security and order conditions may be renewed in case it is damaged or contains incorrect information or there is a change in information stated in the certificate.

A dossier of request for renewal of a certificate must comprise:

a/ A written request for renewal of the certificate, made according to form No. 02 in the Appendix to this Decree, to be sent to the competent agency;

b/ Valid copies of documents proving changes in information stated in the certificate (if any);

c/ The document specified at Point dd, Clause 1, Article 9 of this Decree in case of change of the name of the certificate holder;

d/ The granted original certificate.

The time limit for renewal of a certificate of satisfaction of security and order conditions is 10 days from the date of receipt of a complete and valid dossier.

2. A certificate of satisfaction of security and order conditions may be re-granted in case it is lost. A dossier of request for re-grant must comprise:

a/ A written request for re-grant of the certificate, made according to Form No. 02 in the Appendix to this Decree;

b/ A fine payment receipt as prescribed by law (if any).

The time limit for re-grant of a certificate of satisfaction of security and order conditions is 20 days from the date of receipt of a complete and valid dossier.

3. The re-grant of a certificate of satisfaction of security and order conditions after it is revoked under Clause 1, Article 8 of this Decree is prescribed as follows:

a/ Within 6 months after having its certificate of satisfaction of security and order conditions revoked in one of the cases specified at Points b and c, Clause 1, Article 8 of this Decree, a business establishment that fully satisfies the conditions prescribed in this Decree and wishes to continue its operation shall submit a dossier of request to the competent agency of the Ministry of Public Security or Ministry of National Defense for re-grant of its certificate. Such a dossier must comprise:

- A written request for re-grant of the certificate, to be sent to the competent agency of the Ministry of Public Security or Ministry of National Defense;

- Valid copies of added documents proving the satisfaction of conditions for business operation (if any).

b/ A business establishment that has its certificate of satisfaction of security and order conditions revoked in one of the cases specified at Points a and e, Clause 1, Article 8 and does not change its person in charge of security and order may only submit a dossier of request for re-grant of its certificate after 12 months from the date of issuance of the certificate revocation decision.

A dossier of request for re-grant of a certificate of satisfaction of security and order conditions shall be made like the dossier of application for such certificate as prescribed in Article 9 of this Decree.

c/ A business establishment that has its certificate of satisfaction of security and order conditions revoked in one of the cases specified at Point g, Clause 1, Article 8 and does not change its person in charge of security and order may only submit a dossier of request for re-grant of its certificate after 24 months from the date of issuance of the certificate revocation decision, unless a court makes another ruling.

A dossier of request for re-grant of a certificate of satisfaction of security and order conditions shall be made like the dossier of application for such certificate as prescribed in Article 9 of this Decree.

Chapter III

RESPONSIBILITIES OF BUSINESS ESTABLISHMENTS AND STATE MANAGEMENT AGENCIES

Article 11. Responsibilities of business establishments

1. Their persons in charge of security and order shall ensure security and order conditions; and fully comply with this Decree’s provisions on security and order and other relevant regulations.

2. Within 5 days from the date of commencement of operation, to send notices thereof enclosed with copies of their certificates of satisfaction of security and order conditions to police offices of communes, wards or townships where they operate.

3. To regularly and constantly maintain security and order conditions prescribed in this Decree throughout the course of operation.

4. To refrain from using business facilities to carry out activities in contravention of law and detrimental to the national security, order, ethics, fine traditions and customs.

5. To sell only camouflaged sound recording and video recording devices and software to subjects permitted by law to use secret sound recording and video recording measures, such as specialized agencies in charge of protection of national security and social order and safety; agencies responsible for executing secret sound recording and video recording measures under the conditions, competence and procedures for special procedural investigation measures prescribed by the Criminal Procedure Code.

6. To import or export camouflaged sound recording, video recording and positioning devices and software under Clause 4, Article 9 of Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase and sale, processing and transit agency with foreign countries.

7. To record and archive all customer information; to detect and promptly report to police offices on suspicion signs or cases or matters related to security and order at their establishments.

8. In case of loss of the certificate of satisfaction of security and order conditions, within 3 working days, to notify in writing the loss to the competent agency of the Ministry of Public Security or Ministry of National Defense that has granted such certificates.

9. To report on a quarterly or an extraordinary basis on the security and order situation under the guidance of the Ministry of Public Security or Ministry of National Defense.

10. To submit to the inspection, examination and handling of violations by public security offices and competent state management agencies.

11. To employ only persons who are aged full 18 years or older, have full civil act capacity and are not drug-addicted. Not to employ persons who are under criminal investigation, prosecution or trial, are permitted to postpone serving an imprisonment sentence, are released from prison ahead of their imprisonment terms on certain conditions, or are serving a non-custodian reform penalty.

12. Within 20 days from the date of commencement of their operation, to provide the competent agency of the Ministry of Public Security or Ministry of National Defense that has granted their certificates of satisfaction of security and order conditions with the following documents:

a/ List of their employees;

b/ CVs and declarations of persons in charge of security and order, managers and technicians, except those whose names are written in their certificates of satisfaction of security and order conditions;

c/ Documents proving their satisfaction of the conditions prescribed in Article 6 of this Decree;

d/ Statistics on vehicles to serve safeguard work (if any);

dd/ Written requests for the competent agency of the Ministry of Public Security or Ministry of National Defense that has granted their certificates of satisfaction of security and order conditions to renew or re-grant their certificates in case of loss, damage, expiration or change in information declared in the certificates;

e/ In case of operation suspension, 10 days before the expected date of operation suspension, they shall notify such in writing to the competent agency of the Ministry of Public Security or Ministry of National Defense that has granted their certificates of satisfaction of security and order conditions and public security offices of communes, wards or townships where they operate, clearly stating the reason for and period of operation suspension;

g/ Business management books, made according to a uniform set by the Ministry of Public Security or Ministry of National Defense;

h/ To pay a charge for appraisal of dossiers for grant of certificates of satisfaction of security and order conditions as prescribed by law.

13. To do business only in camouflaged sound recording, video recording and positioning devices and software that are of lawful origin.

14. To have secure and safe storehouses.

15. To send quarterly reports enclosed with lists of agencies that have purchased their devices and software to the competent agency of the Ministry of Public Security or Ministry of National Defense that has granted their certificates of satisfaction of security and order conditions.

16. To destroy all camouflaged sound recording, video recording and positioning devices and software that are damaged.

Article 12. Responsibilities of the Ministry of Public Security

1. To assist the Government in performing the unified state management of the business in camouflaged sound recording, video recording and positioning devices and software.

2. To direct the coordinated appraisal of dossiers before granting certificates of satisfaction of security and order conditions for the cases falling under its competence.

3. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Information and Communications, Ministry of Industry and Trade, Ministry of Finance and other related ministries and sectors in, managing the business in camouflaged sound recording, video recording and positioning devices and software under this Decree and other relevant regulations.

4. To examine, inspect and settle complaints and denunciations, and detect, combat and handle violations in the business in camouflaged sound recording, video recording and positioning devices and software in accordance with law.

Article 13. Responsibilities of the Ministry of National Defense

1. To assume the prime responsibility for, and coordinate with the Ministry of Public Security, Ministry of Information and Communications, Ministry of Industry and Trade and Ministry of Finance in, managing the business in camouflaged sound recording, video recording and positioning devices and software under this Decree and other relevant regulations.

2. To direct the coordinated appraisal of dossiers before granting certificates of satisfaction of security and order conditions to subjects under its management.

3. To examine, inspect and settle complaints and denunciations, and detect, combat and handle violations in the business in camouflaged sound recording, video recording and positioning devices and software under its management in accordance with law.

Article 14. Responsibilities of the Ministry of Information and Communications

To assume the prime responsibility for, and coordinate with the Ministry of Public Security, Ministry of National Defense, Ministry of Industry and Trade, Ministry of Finance and other related ministries and sectors in, formulating and promulgating technical standards of camouflaged sound recording, video recording and positioning devices and software in accordance with law.

Article 15. Responsibilities of the Ministry of Finance

1. To assume the prime responsibility for, and coordinate with the Ministry of Public Security in, prescribing the rates, management and use of the charge for appraisal of security and order conditions for grant of certificates of satisfaction of security and order conditions.

2. To coordinate with the Ministry of Public Security and Ministry of National Defense in examining and inspecting the import and export of camouflaged sound recording, video recording and positioning devices and software; inspecting and supervising goods and vehicles, and combating illegal transportation, import, export, temporary import for re-export, temporary export for re-import and border-gate transfer of camouflaged sound recording, video recording and positioning devices and software.

3. To coordinate with the Ministry of Public Security and Ministry of National Defense in carrying out the procedures for temporary import for re-export, temporary export for re-import or border-gate transfer of camouflaged sound recording, video recording and positioning devices and software into/out of Vietnam for the security or national defense purpose.

Article 16. Responsibilities of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees

Within the ambit of their functions, tasks and powers, ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall coordinate with the Ministry of Public Security and Ministry of National Defense in managing the business in camouflaged sound recording, video recording and positioning devices and software and handling violations in accordance with law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17. Transitional provisions

Within 12 months from the effective date of this Decree, establishments doing business in camouflaged sound recording, video recording and positioning devices and software shall carry out the procedures for applying for a certificate of satisfaction of security and order conditions under this Decree. Past this time limit, if failing to obtain such certificate, a business establishment shall stop its business in these devices and software.

Article 18. Effect

This Decree takes effect on July 5, 2017. The provision of Clause 5, Article 11 of this Decree that business establishments may only sell camouflaged sound recording, video recording and positioning devices and software to agencies responsible for executing secret sound recording and video recording measures in accordance with the 2015 Criminal Procedure Code takes effect from the effective date of this Code.

Article 19. Implementation responsibility

1. The Minister of Public Security and Minister of National Defense shall guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and individuals shall implement this Decree./.